Commonwealth v. Fitzmeyer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• intentional beating and strangling of elderly victim “involved the kind of risk that could only lead to a finding of malice”
• jury represented “the com munity’s collective conscience” in assessing whether the killing had occurred with extreme atrocity or cruelty
• where it is obvious that the risk of harm created is a strong likelihood of death, an instruction on involuntary manslaughter is not required
• intentional beating and strangling of elderly victim “involved the kind of risk that could only lead to a finding of malice”
• evidence defendant suffered from epilepsy and had been prescribed Librium did not raise issue of mental impairment
• involuntary manslaughter instruction not warranted when evidence indicated defendant choked victim to death

Source: CourtListener parenthetical corpus (CC0).